Monday, October 16, 2006

Scalia Says Constitution Silent on Abortion

Justice Scalia, in a televised debate with the ACLU's Nadine Strossen, states the obvious:
WASHINGTON (AP) -- Justice Antonin Scalia on Sunday defended some of his Supreme Court opinions, arguing that nothing in the Constitution supports abortion rights and the use of race in school admissions.

Scalia, a leading conservative voice on the high court, sparred in a one-hour televised debate with American Civil Liberties Union president Nadine Strossen. He said unelected judges have no place deciding politically charged questions when the Constitution is silent on those issues.

Arguing that liberal judges in the past improperly established new political rights such as abortion, Scalia warned, "Someday, you're going to get a very conservative Supreme Court and regret that approach."

"On controversial issues on stuff like homosexual rights, abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment," the Reagan appointee said.

"Whether it's good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution," he said.


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(emphasis added)

My Comments:
I know proponents of utilizing Natural Law in constitutional interpretation will decry my "legal positivism", but Justice Scalia is exactly right.

2 Comments:

At 10/16/2006 12:02 PM, Anonymous Anonymous said...

I know proponents of utilizing Natural Law in constitutional interpretation will decry my "legal positivism", but Justice Scalia is exactly right.

I tend to think many of those really want an absolute Catholic monarchy, but are willing to settle for an absolute Catholic judicial oligarchy if that's all they can get. Neither is realistic. The best way to support a more just rule of law is to support judicial restraint and let legislators be the judges of Natural Law—as it should be.

 
At 10/17/2006 8:25 PM, Anonymous Anonymous said...

Justice Scalia is right!

We enjoy then great benefits of this country only because of our constitution and the foresight of the founding fathers.

As tough as it is for the social right and liberal left to accept, the constitution is the basis for our law and a republic our form of government.

As for the people they are solidly in the middle on most issues. Legislating from the bench is very tricky business, business that is bound to fail. Natural Law only has its basis in the minds of those who accept it. The constitution on the other hand combined with the Federal and State governments have their basis in the fact that they are supported by the popular vote of the people. When change is demanded the people can cast thier votes!

 

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